BILL NUMBER: SB 1924	CHAPTERED  09/27/00

	CHAPTER   732
	FILED WITH SECRETARY OF STATE   SEPTEMBER 27, 2000
	APPROVED BY GOVERNOR   SEPTEMBER 25, 2000
	PASSED THE SENATE   AUGUST 31, 2000
	PASSED THE ASSEMBLY   AUGUST 31, 2000
	AMENDED IN ASSEMBLY   AUGUST 30, 2000
	AMENDED IN ASSEMBLY   AUGUST 28, 2000
	AMENDED IN ASSEMBLY   AUGUST 18, 2000
	AMENDED IN ASSEMBLY   JULY 6, 2000
	AMENDED IN ASSEMBLY   JUNE 21, 2000

INTRODUCED BY   Senator O'Connell

                        FEBRUARY 24, 2000

   An act to amend Sections 25250.1, 25250.4, 25250.18, 25250.19,
25250.23, and 25250.24 of, the Health and Safety Code, relating to
hazardous waste.



	LEGISLATIVE COUNSEL'S DIGEST


   SB 1924, O'Connell.  Hazardous waste recycling:  used oil.
   (1) Existing law defines "recycled oil" for purposes of the
provisions regulating the handling of used oil and provides specified
standards of purity for recycled oil.  Existing law exempts used oil
that meets specified requirements from regulation by the Department
of Toxic Substances Control and requires used oil to be managed as a
hazardous waste, unless the used oil meets specified requirements.
Existing law requires a used oil recycler to test all recycled oil,
as specified.  A violation of the laws regulating used oil is a
crime.
   This bill would revise the definition of "recycled oil" and the
conditions under which used oil is exempt from regulation under the
hazardous waste control laws for purposes of those provisions.  This
bill would revise the conditions under which a used oil recycler is
required to test recycled oil.
   The bill would also correct erroneous references.  Since a
violation of the bill's requirements would be a crime, the bill would
impose a state-mandated local program.
  (2) The California Constitution requires the state to reimburse
local agencies and school districts for certain costs mandated by the
state.  Statutory provisions establish procedures for making that
reimbursement.
   This bill would provide that no reimbursement is required by this
act for a specified reason.
   (3) This bill would incorporate additional changes in Section
25250.4 of the Health and Safety Code proposed by AB 2573, to be
operative only if that bill and this bill are enacted and become
effective on or before January 1, 2001, and this bill is enacted
last.


THE PEOPLE OF THE STATE OF CALIFORNIA DO ENACT AS FOLLOWS:


  SECTION 1.  Section 25250.1 of the Health and Safety Code is
amended to read:
   25250.1.  (a) As used in this article, the following terms have
the following meaning:
   (1) (A) "Used oil" means any oil that has been refined from crude
oil, or any synthetic oil, that has been used, and, as a result of
use or as a consequence of extended storage, or spillage, has been
contaminated with physical or chemical impurities.  Examples of used
oil are spent lubricating fluids that have been removed from an
engine crankcase, transmission, gearbox, or differential of an
automobile, bus, truck, vessel, plane, heavy equipment, or machinery
powered by an internal combustion engine; industrial oils, including
compressor, turbine, and bearing oil; hydraulic oil; metal-working
oil; refrigeration oil; and railroad drainings.
   (B) "Used oil" does not include any of the following:
   (i) Oil that has a flashpoint below 100 degrees Fahrenheit or that
has been mixed with hazardous waste, other than minimal amounts of
vehicle fuel.
   (ii) (I) Wastewater, the discharge of which is subject to
regulation under either Section 307(b) (33 U.S.C. Sec. 1317(b)) or
402 (33 U.S.C. Sec.  1342) of the federal Clean Water Act (33 U.S.C.
Sec. 1251 et seq.), including wastewaters at facilities that have
eliminated the discharge of wastewater, contaminated with de minimis
quantities of used oil.
   (II) For purposes of this clause, "de minimis quantities of used
oil" are small spills, leaks, or drippings from pumps, machinery,
pipes, and other similar equipment during normal operations, or small
amounts of oil lost to the wastewater treatment system during
washing or draining operations.
   (III) This exception does not apply if the used oil is discarded
as a result of abnormal manufacturing operations resulting in
substantial leaks, spills, or other releases or to used oil recovered
from wastewaters.
   (iii) Used oil re-refining distillation bottoms that are used as
feedstock to manufacture asphalt products.
   (iv) Oil that contains polychlorinated biphenyls (PCBs) at a
concentration of 5 ppm or greater.
   (v) (I) Oil containing more than 1000 ppm total halogens, which
shall be presumed to be a hazardous waste because it has been mixed
with halogenated hazardous waste listed in Subpart D (commencing with
Section 261.30) of Part 261 of Title 40 of the Code of Federal
Regulations.
   (II) A person may rebut the presumption specified in subclause (I)
by demonstrating that the used oil does not contain hazardous waste,
including, but not limited to, in the manner specified in subclause
(III).
   (III) The presumption specified in subclause (I) is rebutted if it
is demonstrated that the used oil that is the source of total
halogens at a concentration of more than 1000 ppm is solely either
household waste, as defined in Section 261.4(b)(1) of Title 40 of the
Code of Federal Regulations, or is collected from conditionally
exempt small quantity generators, as defined in Section 261.5 of
Title 40 of the Code of Federal Regulations.  Nothing in this
subclause authorizes any person to violate the prohibition specified
in Section 25250.7.
   (2) "Board" means the California Integrated Waste Management
Board.
   (3) (A) "Recycled oil" means any oil that meets all of the
following requirements specified in clauses (i) to (iii), inclusive:

   (i) Is produced either solely from used oil, or is produced solely
from used oil that has been mixed with one or more contaminated
petroleum products or oily wastes, other than wastes listed as
hazardous under the federal act, provided that if the resultant
mixture is subject to regulation as a hazardous waste under paragraph
(2) of subsection (b) of Section 279.10 of Title 40 of the Code of
Federal Regulations, the mixture is managed as a hazardous waste in
accordance with all applicable hazardous waste regulations, and the
recycled oil produced from the mixture is not subject to regulation
as a hazardous waste under paragraph (2) of subsection (b) of Section
279.10 of Title 40 of the Code of Federal Regulations.  If the oily
wastes with which the used oil is mixed were recovered from a unit
treating hazardous wastes that are not oily wastes, these recovered
oily wastes are not excluded from being considered as oily wastes for
purposes of this section or Section 25250.7.
   (ii)  The recycled oil meets one of the following requirements:
   (I) The recycled oil is produced by a generator lawfully recycling
its oil.
   (II) The recycled oil is produced at a used oil recycling facility
that is authorized to operate pursuant to Section 25200 or 25200.5
solely by means of one or more processes specifically authorized by
the department.  The department may not authorize a used oil
recycling facility to use a process in which used oil is mixed with
one or more contaminated petroleum products or oily wastes unless the
department determines that the process to be authorized for mixing
used oil with those products or wastes will not substantially
contribute to the achievement of compliance with the specifications
of subparagraph (B).
   (III) The recycled oil is produced in another state, and the used
oil recycling facility where the recycled oil is produced, and the
process by which the recycled oil is produced, are authorized by the
agency authorized to implement the federal act in that state.
   (iii) Has been prepared for reuse and meets all of the following
standards:
   (I) The oil meets the standards of purity set forth in
subparagraph (B).
   (II) If the oil was produced by a generator lawfully recycling its
oil or the oil is lawfully produced in another state, the oil is not
hazardous pursuant to the criteria adopted by the department
pursuant to Section 25141 for any characteristic or constituent other
than those listed in subparagraph (B).
   (III) The oil is not mixed with any waste listed as a hazardous
waste in Part 261 (commencing with Section 261.1) of Chapter 1 of
Title 40 of the Code of Federal Regulations.
   (IV) The oil is not subject to regulation as a hazardous waste
under the federal act.
   (V) If the oil was produced lawfully at a used oil recycling
facility in this state, the oil is not hazardous pursuant to any
characteristic or constituent for which the department has made the
finding required by subparagraph (B) of paragraph (2) of subdivision
(a) of Section 25250.19, except for one of the characteristics or
constituents identified in the standards of purity set forth in
subparagraph (B).
   (B) The following standards of purity are in effect for recycled
oil, in liquid form, unless the department, by regulation,
establishes more stringent standards:
   (i) Flashpoint:  minimum standards set by the American Society for
Testing and Materials for the recycled products.  However, recycled
oil to be burned for energy recovery shall have a minimum flashpoint
of 100 degrees Fahrenheit.
   (ii) Total lead:  50 mg/kg or less.
   (iii) Total arsenic:  5 mg/kg or less.
   (iv) Total chromium:  10 mg/kg or less.
   (v) Total cadmium:  2 mg/kg or less.
   (vi) Total halogens:  3000 mg/kg or less.  However, recycled oil
shall be demonstrated by testing to contain not more than 1000 mg/kg
total halogens listed in Appendix VIII of Part 261 (commencing with
Section 261.1) of Title 40 of Chapter 1 of the Code of Federal
Regulations.
   (vii) Total polychlorinated biphenyls (PCBs):  2 mg/kg or less.
   (C) Compliance with the specifications of subparagraph (B) or with
the requirements of clauses (iv) and (v) of subparagraph (B) of
paragraph (1) shall not be met by blending or diluting used oil with
crude or virgin oil, or with a contaminated petroleum product or oily
waste, except as provided in subclause (II) of clause (ii) of
subparagraph (A), and shall be determined in accordance with the
procedures for identification and listing of hazardous waste adopted
in regulations by the department.  Persons authorized by the
department to recycle oil shall maintain records of volumes and
characteristics of incoming used oil and outgoing recycled oil and
documentation concerning the recycling technology utilized to
demonstrate to the satisfaction of the department or other
enforcement agencies that the recycling has been achieved in
compliance with this subdivision.
   (D) This paragraph does not apply to oil that is to be disposed of
or used in a manner constituting disposal.
   (4) "Used oil recycling facility" means a facility that
reprocesses or re-refines used oil.
   (5) "Used oil storage facility" means a storage facility, as
defined in subdivision (b) of Section 25123.3, that stores used oil.

   (6) "Used oil transfer facility" means a transfer facility, as
defined in subdivision (a) of Section 25123.3, that either stores
used oil for periods greater than six days, or greater than 10 days
for transfer facilities in areas zoned industrial by the local
planning agency, or that transfers used oil from one container to
another.
   (7) (A) For purposes of this section and Section 25250.7 only,
"contaminated petroleum product" means a product that meets all of
the following conditions:
   (i) It is a hydrocarbon product whose original intended purpose
was to be used as a fuel, lubricant, or solvent.
   (ii) It has not been used for its original intended purpose.
   (iii) It is not listed in Subpart D of Part 261 (commencing with
Section 261.1) of Chapter 1 of Title 40 of the Code of Federal
Regulations.
   (iv) It has not been mixed with a hazardous waste other than
another contaminated petroleum product.
   (B) Nothing in this section or Section 25250.7 shall be construed
to affect the exemptions in Section 25250.3, or to subject
contaminated petroleum products that are not hazardous waste to any
requirements of this chapter.
   (b) Unless otherwise specified, used oil that meets either of the
following conditions is not subject to regulation by the department:

   (1) The used oil has not been treated by the generator of the used
oil, the generator claims the used oil is exempt from regulation by
the department, and the used oil meets all of the following
conditions:
   (A) The used oil meets the standards set forth in subparagraph (B)
of paragraph (3) of subdivision (a).
   (B) The used oil is not hazardous pursuant to the criteria adopted
by the department pursuant to Section 25141 for any characteristic
or constituent other than those listed in subparagraph (B) of
paragraph (3) of subdivision (a).
   (C) The used oil is not mixed with any waste listed as a hazardous
waste in Part 261 (commencing with Section 261.1) of Chapter 1 of
Title 40 of the Code of Federal Regulations.
   (D) The used oil is not subject to regulation as either hazardous
waste or used oil under the federal act.
   (E) The generator of the used oil has complied with the
notification requirements of subdivision (c) and the testing and
recordkeeping requirements of Section 25250.19.
   (F) The used oil is not disposed of or used in a manner
constituting disposal.
   (2) The used oil meets all the requirements for recycled oil
specified in paragraph (3) of subdivision (a), the requirements of
subdivision (c), and the requirements of Section 25250.19.
   (c) Used oil recycling facilities and generators lawfully
recycling their own used oil that are the first to claim that
recycled oil meets the requirements specified in paragraph (2) of
subdivision (b) shall maintain an operating log and copies of
certification forms, as specified in Section 25250.19.  Any person
who generates used oil, and who claims that the used oil is exempt
from regulation pursuant to paragraph (1) of subdivision (b), shall
notify the department, in writing, of that claim and shall comply
with the testing and recordkeeping requirements of Section 25250.19
prior to its reuse.  In any action to enforce this article, the
burden is on the generator or recycling facility, whichever first
claimed that the used oil or recycled oil meets the standards and
criteria, and on the transporter or the user of the used oil or
recycled oil, whichever has possession, to prove that the oil meets
those standards and criteria.
   (d) Used oil shall be managed in accordance with the requirements
of this chapter and any additional applicable requirements of Part
279 (commencing with Section 279.1) of Chapter 1 of Title 40 of the
Code of Federal Regulations.
  SEC. 2.  Section 25250.4 of the Health and Safety Code is amended
to read:
   25250.4.  Used oil shall be managed as a hazardous waste in
accordance with the requirements of this chapter, unless one of the
following applies:
   (a) The used oil is excluded from regulation as hazardous waste
pursuant to Section 25143.2, and is not subject to regulation as
hazardous waste under the federal act.
   (b) The used oil has been shown by the generator to meet the
requirements of paragraph (1) of subdivision (b) of Section 25250.1
or the used oil is recycled oil and meets the requirements of
paragraph (2) of subdivision (b) of Section 25250.1.
  SEC. 2.5.  Section 25250.4 of the Health and Safety Code is amended
to read:
   25250.4.  (a) Used oil shall be managed as a hazardous waste in
accordance with the requirements of this chapter, unless one of the
following applies:
   (1) The used oil is excluded from regulation as hazardous waste
pursuant to Section 25143.2, and is not subject to regulation as
hazardous waste under the federal act.
   (2) The used oil has been shown by the generator to meet the
requirements of paragraph (1) of subdivision (b) of Section 25250.1
or the used oil is recycled oil and meets the requirements of
paragraph (2) of subdivision (b) of Section 25250.1.
   (b) This section does not apply to dielectric fluid removed from
oil-filled electrical equipment that is filtered and replaced,
onsite, at a restricted access electrical equipment area, or that is
removed and filtered at a maintenance facility for reuse in
electrical equipment and is managed in accordance with the applicable
requirements of Part 279 (commencing with Section 279.1) of
Subchapter I of Chapter 1 of Title 40 of the Code of Federal
Regulations.
   (c) For the purposes of this section:
   (1) "Oil-filled electrical equipment" includes, but is not limited
to, transformers, circuit breakers, and capacitators.
   (2) "Restricted access electrical equipment area" means a
fenced-off or walled-off restricted access area that is covered by a
spill prevention control and countermeasure plan prepared in
accordance with Part 112 of Title 40 of the Code of Federal
Regulations and that is used in the transmission or distribution of
electrical power, or both.
   (d) For the purposes of subdivision (b), "filtered" means the use
of filters assisted by the application of heat and suction to remove
impurities, including, but not limited to, water, particulates, and
trace amounts of dissolved gases, by equipment mounted upon or above
an impervious surface.
   (e) Nothing in this section affects the authority of the
department or a certified unified program agency in the event of a
spill.
  SEC. 3.  Section 25250.18 of the Health and Safety Code is amended
to read:
   25250.18.  (a) Any person who transports recycled oil or oil
exempted pursuant to paragraph (1) of subdivision (b) of Section
25250.1 shall maintain with each shipment a certification form,
provided by the department, which contains all of the following
information:
   (1) The name and address of the used oil recycling facility or
generator claiming the oil meets the requirements of Section 25250.1.

   (2) The name and address of the facility receiving the shipment.
   (3) The quantity of oil delivered.
   (4) The date of shipment or delivery.
   (5) A cross-reference to the records and documentation required
under Section 25250.1.
   (b) Certification forms required in subdivision (a) shall be
maintained for three years and are subject to an audit and
verification by the department or the board.
  SEC. 4.  Section 25250.19 of the Health and Safety Code is amended
to read:
   25250.19.  (a) (1) A used oil recycler shall test all recycled oil
in accordance with paragraph (2), prior to transportation from the
recycling facility, pursuant to applicable methods in the
Environmental Protection Agency Document No. Solid Waste 846 or any
equivalent alternative method approved or required by the department,
and shall ensure and certify the oil as being in compliance with the
standards specified in paragraph (3) of subdivision (a) of Section
25250.1.
   (2) The used oil recycler shall test the recycled oil for
compliance with the purity standards set forth in subparagraph (B) of
paragraph (3) of subdivision (a) of Section 25250.1, and for any
other hazardous characteristics or constituents for which testing is
required in the permit issued by the department for the used oil
recycling facility.  The permit shall require testing for compliance
with the purity standards set forth in subparagraph (B) of paragraph
(3) of subdivision (a) of Section 25250.1.  The permit may also
require testing for other hazardous characteristics and constituents
only if the department finds, based upon evidence in the record, all
of the following:
   (A) There is a reasonable expectation that the recycled oil may
exhibit the hazardous characteristic or contain the hazardous
constituent at a level that would cause it to be hazardous waste if
the recycled oil were a waste, taking into consideration at least all
of the following factors:
   (i) The conditions included in the facility's permit limiting the
wastes that may be accepted at the facility and the conditions
requiring testing of the wastes accepted at the facility.
   (ii) The types of wastes that historically have been accepted by
the facility or similar facilities and the types of wastes that the
facility can reasonably be expected to accept in the future,
including any new products or constituents.
   (iii) Previous test results of recycled oil produced by the
facility indicating the presence, or lack of the presence, of the
constituent or characteristic at a level that would cause it to be
hazardous waste if the recycled oil were a waste.
   (iv) The treatment technologies and methods authorized in the
facility's permit for production of the recycled oil and the extent
to which those treatment technologies and methods remove or reduce
the constituents or characteristics from the wastes accepted by the
facility; and
   (B) The hazardous characteristic or constituent cannot reasonably
be expected to be present in products produced from crude oil similar
to the recycled oil products produced by the facility at levels that
would cause the product produced from crude oil to be a hazardous
waste if it were a waste.
   (3) Records of tests performed pursuant to this subdivision and a
copy of each form completed pursuant to Section 25250.18 shall be
maintained for three years and are subject to audit and verification
by the department or the board.  The department shall perform an
audit and verification on a periodic basis.  The department may
charge a reasonable fee for this activity.
   (b) A generator claiming that used oil is exempted from regulation
pursuant to paragraph (1) of subdivision (b) of Section 25250.1
shall ensure that all used oil for which the exemption is claimed has
been tested and certified as being in compliance with the standards
specified in paragraph (1) of subdivision (b) of Section 25250.1,
prior to transportation from the generator location.  A generator
lawfully recycling its own oil shall ensure that all recycled oil has
been tested and certified as being in compliance with the
requirements specified in paragraph (2) of subdivision (b) of Section
25250.1.  Records of tests performed and a copy of each form
completed pursuant to Section 25250.18 shall be maintained for three
years and are subject to audit and verification by the department,
the unified program agency, or the board.
   (c) Used oil recyclers identified in subdivision (a) and
generators identified in subdivision (b) shall record in an operating
log and retain for three years the information specified in
paragraphs (1) to (5), inclusive, of subdivision (a) of Section
25250.18 on each shipment of recycled or exempted oil.
   (d) Operating logs required in subdivision (c) are subject to
audit and verification by the department, the unified program agency,
or the board.
   (e) (1) If oil produced at a used oil recycling facility in this
state meets the standards of purity set forth in subparagraph (B) of
paragraph (3) of subdivision (a) of Section 25250.1 and is not
hazardous due to the presence of any characteristic or constituent
for which the department has made a finding required by subparagraphs
(A) and (B) of paragraph (2) of subdivision (a), but the oil is
hazardous due to the presence of another constituent or
characteristic, the facility operator shall not be subject to any
penalty pursuant to this chapter for failing to manage the oil as a
hazardous waste, unless both of the following apply:
   (A) While the oil was onsite at the facility, the operator of the
facility knew, or reasonably should have known, that the oil failed
to meet those criteria.
   (B) The facility operator failed to take action to manage the oil
as a hazardous waste when the oil was determined to be hazardous.
   (2) The department may exercise its authority, including, but not
limited to, the issuance of an order, to a used oil recycling
facility pursuant to Section 25187, to ensure that oil subject to
this subdivision is managed as a hazardous waste pursuant to this
chapter.
  SEC. 5.  Section 25250.23 of the Health and Safety Code is amended
to read:
   25250.23.  Any person who transports used oil shall register as a
hazardous waste hauler and, unless specifically exempted or unless
the used oil is not regulated by the department pursuant to
subdivision (b) of Section 25250.1, shall comply with all provisions
of this chapter.
  SEC. 6.  Section 25250.24 of the Health and Safety Code is amended
to read:
   25250.24.  (a) Except as provided in subdivision (b), any person
who generates, receives, stores, transfers, transports, treats, or
recycles used oil, unless specifically exempted or unless the used
oil is not regulated by the department pursuant to subdivision (b) of
Section 25250.1, shall comply with all provisions of this chapter.
   (b) Used oil which is removed from a motor vehicle and which is
subsequently recycled, by a recycler who is permitted pursuant to
this article, shall not be included in the calculation of the amount
of hazardous waste generated for purposes of the generator fee
imposed pursuant to Section 25205.5.
  SEC. 7.  No reimbursement is required by this act pursuant to
Section 6 of Article XIIIB of the California Constitution because the
only costs that may be incurred by a local agency or school district
will be incurred because this act creates a new crime or infraction,
eliminates a crime or infraction, or changes the penalty for a crime
or infraction, within the meaning of Section 17556 of the Government
Code, or changes the definition of a crime within the meaning of
Section 6 of Article XIIIB of the California Constitution.
  SEC. 8.  Section 2.5 of this bill incorporates amendments to
Section 25250.4 of the Health and Safety Code proposed by both this
bill and AB 2573.  It shall only become operative if (1) both bills
are enacted and become effective on or before January 1, 2001, (2)
each bill amends Section 25250.4 of the Health and Safety Code, and
(3) this bill is enacted after AB 2573, in which case Section 2 of
this bill shall not become operative.
